Passim

Mandamus decisions / Southern District of New York

Cordoba v. McElroy

Southern District of New YorkLewis A. KaplanDecided January 3, 2000

Read the decisionOriginal on CourtListener

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency Not recorded Read by a model
Form or filing I-485 (adjustment of status) Read by a model
Like Cordoba, Iwamoto claims that the INS has not acted with sufficient alacrity in passing upon her application for adjustment of status and seeks an order of this Court requiring that it do so.
What the suit asked for Decide the application Read by a model
she seeks only an order requiring the INS to rule upon it, one way or the other.
Kind of order A ruling on a motion or the petition Read by a model
As it is not now clear that plaintiffs cannot establish the existence of a substantial claim of violation of Section 6, the Court is not now prepared to dismiss for want of jurisdiction
Motion decided None Read by a model
Whose motion The court on its own Read by a model
The Court sua sponte directed the plaintiffs to show cause why the petitions should not be dismissed for lack of subject matter jurisdiction.
Disposition Other ruling A ruling none of the other labels describes. Read by a model
the orders to show cause why these actions should not be dismissed for lack of subject matter jurisdiction are discharged without prejudice to further challenges to jurisdiction on the basis of a more complete record.
Prevailing party Applicant Read by a model
the Court is not now prepared to dismiss for want of jurisdiction
The delay claim The delay claim goes on Read by a model
the orders to show cause why these actions should not be dismissed for lack of subject matter jurisdiction are discharged without prejudice to further challenges to jurisdiction on the basis of a more complete record.
Months pending 37.6 months from the application to the court's decision Read by a model
Based on the visa petition, Iwamoto filed an application with the Attorney General on November 16, 1996
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Colombia Read by a model
plaintiff Martha Cordoba is a citizen of Colombia

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Second Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 3, 2026. Check the current status before relying on one.